Tasmanian Consolidated Acts

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 80

      (1) On receipt of an application under section 78, the Heritage Council may decide to issue a certificate stating that a specified place is not a registered place if it is satisfied that –

(a) the application is not frivolous or vexatious; and

(b) the place or part of the place does not meet any of the required criteria.

      (2) If the Heritage Council is satisfied, as required under subsection (1), it must –

(a) give the planning authority a written notice –

(i) stating that it intends to issue a certificate that a specified place is not a registered place; and

(ii) stating the reasons for its intention; and

(iii) explaining the right to object to the issue of the certificate; and

(b) publish in a daily newspaper circulating in the area in which the place is situated a notice –

(i) stating that it intends to issue a certificate that a specified place is not a registered place; and

(ii) inviting written submissions relating to that intention; and

(iii) explaining the right to object to the issue of the certificate.

      (3) If the Heritage Council is not satisfied as required under subsection (1), it must –

(a) refuse to issue the certificate; and

(b) advise the applicant, by notice in writing –

(i) of the reasons for the refusal; and

(ii) of any intention it has to deal with the place under Part 4.